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Madras High CourtCRL OP(MD)/21113/2022disposed of

J.Jones Jevevathi v. The Additional Chief Secretary

2022-11-29Honourable Mr Justice Sathi Kumar Sukumara Kurup8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P (MD) No.21113 of 2022 J.Jones Jevevathi

...Petitioner

vs 1.The Additional Chief Secretary, Home, Government of Tamil Nadu, Chennai.

2.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai 600004.

3.The Inspector General of Police, South Zone, Madurai.

4.The District Collector, Madurai.

5.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

6.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Usilampatti, Madurai District.

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7.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sivagangai.

8.The Inspector of Police, Office of the Inspector of Police, Sindupatti Police Station, Madurai District.

9.The Inspector of Police, Office of the Inspector of Police, Ilayangudi Police Station, Sivagangai District.

10.John Napolean 11.Marthal 12.Karthikeyan 13.Manjula 14.Annaraj (R1 to R4 are suo motu impleaded vide order of this Court dated 29.11.2022)

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Respondents 1 to 5 to provide protection to the Petitioner and her husband and family members of her husband from the Respondents No.6 to 10 by considering the Petitioner's representation dated 25.11.2022 in accordance with law.

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For Petitioner : Mr.R.Alagumani For R1 to R9 : Mr.R.Suresh Kumar Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition had been filed to direct the Respondents/State to provide police protection to the Petitioner and her family members, by considering her representation dated 25.11.2022. 2.It is the submission of the learned Counsel for the Petitioner that the Petitioner had married one Thivagar. She seeks protection from the Respondents 10 to 14.

3.The learned Government Advocate (Crl.side) for the Respondents 1 to 9 would submit that C.S.R.No.373 of 2022 was registered on the basis of the complaint given by the Petitioner by the 8th Respondent. The Petitioner apprehends that her life is under threat from her father and the other relatives, who are impleaded as Respondents 10 to 14 herein. 4.This Court, vide order dated 29.11.2022, in Crl.O.P.(MD) No. 21112 of 2022 (Nithyanandhan Vs. The Additional Chief Secretary, 3/8

Home, Government of Tamil Nadu, Chennai and another) had issued several directions to the Respondent police based on the order passed by the Punjab and Haryana High Court, wherein the guidelines were issued to eradicate inter-caste marriage to avoid honour killing, to protect the intercaste couple and to educate the family members regarding the outmoded practice of honorary killing.

5.Considering the past incidents in Dharmapuri, Thiruppur and in Namakkal (Gokulraj), which is now pending before the Division Bench of this Court as Criminal Appeal, the apprehension expressed by the Petitioner cannot be ignored.

6.In the light of the above, the Additional Chief Secretary, Home, Government of Tamil Nadu, Chennai, the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai 600004, the Inspector General of Police, South Zone, Madurai and the District Collector, Madurai are suo motu impleaded as Respondents 1 to 4 in this petition. The Respondents 1 to 10, who are the parties already, are rearranged as Respondents 5 to 14. 4/8

7.In the light of the order passed by the Honourable Punjab and Haryana High Courts, the Respondents 1 and 2 are requested to consider the guidelines issued in the order of this Court made in W.P.No.26991 of 2014 dated 13.04.2016 to formation of a Special Cell to avoid honorary killing and to provide protection to the inter-caste couples to avoid the occurrences that had already taken place in Tamil Nadu, Dharmapuri, Thiruppur and in Namakkal. Till such Special Cells are formed, the Respondents 4 and 5/the District Collector, Madurai and the Superintendent of Police, Madurai, through their Officials have to protect the inter-caste couples. 8.With the above directions, this Criminal Original Petition is disposed of.

Internet:Yes/No 29.11.2022 Index:Yes/No mm 5/8

To 1.The Additional Chief Secretary, Home, Government of Tamil Nadu, Chennai.

2.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai 600004.

3.The Inspector General of Police, South Zone, Madurai.

4.The District Collector, Madurai.

5.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

6.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Usilampatti, Madurai District.

7.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sivagangai.

8.The Inspector of Police, Office of the Inspector of Police, Sindupatti Police Station, Madurai District.

9.The Inspector of Police, Office of the Inspector of Police, 6/8

Ilayangudi Police Station, Sivagangai District.

10.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP , J.

mm Crl.O.P (MD) No.21113 of 2022 29.11.2022 8/8